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Articles Posted in China

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New U.S. – UK Economic Partnership Declaration

On June 8, 2023, the United States and the United Kingdom announced the Atlantic Declaration for a Twenty-First Century U.S.-UK Economic Partnership (“Declaration”). The Declaration reaffirms the need to adapt and reimagine the unique alliance between the two countries. From critical and emerging technologies to digital transformation, clean energy, and…

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The U.S. Department of Commerce’s New Proposed Rule Governing Restrictions on Chinese Investments

On March 21, 2023, the U.S. Department of Commerce released a Notice of Proposed Rulemaking (NPRM) imposing guardrails preventing the “improper use of funds” made available under the CHIPS Act of 2022. In “Commerce Releases New Proposed Rule Governing Restrictions on Chinese Investments by CHIPS Act Applicants,” members of our…

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China Publishes Measures on Standard Contract for Cross-Border Transfer of Personal Information

The Cyberspace Administration of China (CAC) issued the final version of the Measures on the Standard Contract for the Cross-Border Transfer of Personal Information (Standard Contract Measures) on February 24, 2023, which includes a template standard contract (Standard Contract). The Measures will take effect on June 1, 2023, but set…

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Additional Guidance on Recent Advanced Computing and Semiconductor Manufacturing Controls For China

On November 2, 2022, Assistant Secretary of the U.S. Department of Commerce Thea Rozman Kendler answered questions on the Bureau of Industry and Security’s (BIS) October 13 interim final rule (“the Rule”) regarding restrictions on certain advanced computing integrated circuits and semiconducting manufacturing items exported to the People’s Republic of…

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Commerce Issues Guidance on Recent Advanced Computing and Semiconductor Manufacturing Controls for China

On October 28, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued guidance on its October 7, 2022 interim final rule (Rule) that imposed new export controls on certain advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and semiconductor manufacturing items exported to…

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U.S. Commerce Department Imposes Sweeping China-Related Export Controls on Advanced Computing and Semiconductor Manufacturing Items

On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (the “Rule”) imposing sweeping new export controls targeting certain advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items intended for the People’s Republic…

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Uyghur Forced Labor Prevention Act Goes into Effect: What Companies Need to Know about U.S. Guidance on Implementation and Enforcement

Key Takeaways: The Uyghur Forced Labor Prevention Act (UFLPA) went into effect on June 21, 2022, and requires the U.S. Customs and Border Protection (CBP) to presume that all goods manufactured wholly or in part in the XUAR, or by the entities identified by the U.S. government on June 17,…

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Overview of the Proposed “Reverse CFIUS” Process via the National Critical Capabilities Defense Act of 2022

On June 12, 2022, a bipartisan group of Senate and House lawmakers announced agreement on a new draft of the National Critical Capabilities Defense Act of 2022 (NCCDA), which would establish an expansive outbound review mechanism for investments and other transactions in specified countries of concern, including China. The draft…

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U.S. Government Takes First Steps Under Uyghur Forced Labor Prevention Act – Comment Period Opens and Published Questions Provide Initial Insights

On January 24, 2022, the U.S. Department of Homeland Security (DHS) on behalf of the Forced Labor Enforcement Task Force (FLETF) issued a Notice Seeking Public Comments on Methods to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China, especially in the Xinjiang…

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Biden Administration Updates Framework for China-Related Investment Prohibitions and Expands the Scope of Restricted Chinese Companies

TAKEAWAYS The prior Administration’s November 2020 Executive Order (E.O.) 13959 prohibited U.S. persons from engaging in the purchase or sale of any publicly traded securities of designated Communist Chinese Military Companies (CCMCs). Given that several companies designated as CCMCs had successfully challenged their designation in the U.S. courts, the new…